Henry et al v. Rizzolo et al

Filing 721

ORDER Denying 717 Defendant's Renewed Motion to Disqualify Donald J. Campbell and C. Stanley Hunterton as Counsel for Plaintiffs. Signed by Magistrate Judge George Foley, Jr on 01/11/2013. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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KIRK AND AMY HENRY,

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Plaintiffs,
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vs.
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FREDRICK RIZZOLO, aka RICK RIZZOLO, et al.,)
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Defendants.
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__________________________________________)

Case No. 2:08-cv-00635-PMP-GWF
ORDER
Motion to Disqualify (#717)

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This matter comes before the Court on Defendant Lisa Rizzolo’s (“Defendant”) Renewed

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Motion to Disqualify Donald Campbell and Stanley Hunterton as Plaintiffs’ Counsel (#717), filed

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on January 4, 2013.

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Defendant previously moved to dismiss Campbell and Hunterton as Plaintiffs’ Counsel on

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September 15, 2009. See Doc. #194. The Court denied the Motion (#194) without prejudice at a

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hearing on November 9, 2009. See Doc. #237. Defendant Rick Rizzolo (“Rizzolo”) filed a motion

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to disqualify Campbell and Hunterton as Plaintiffs’ Counsel on November 29, 2012. See Doc.

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#692. Defendant initially filed a Joinder (#698) to Rizzolo’s Motion to Disqualify (#692).

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Defendant represents that upon review of Plaintiffs’ Opposition (#694) to Rizzolo’s Motion (#692),

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she opted to file this separate Motion to Disqualify. The Court denied Rizzolo’s Motion (#692) at a

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hearing on January 7, 2013. See Doc. #719. For the reasons stated on the record at the November

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9, 2009 ( #237) and January 7, 2013 (#719) hearings, the Court finds Defendant does not establish

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cause to disqualify Donald Campbell and Stanley Hunterton as Plaintiff’s trial counsel.

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Accordingly,

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...

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IT IS HEREBY ORDERED that Defendant Lisa Rizzolo’s Renewed Motion to Disqualify
Donald J. Campbell and C. Stanley Hunterton as Counsel for Plaintiffs (#717) is denied.
DATED this 11th day of January, 2013.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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